Malone v. Mobbs
Supreme Court of Arkansas
Appeal from Perry Chancery Court; Jeremiah G. Wallace, Chancellor; 1. Agreed boundaries are favored, where accretions are divided amicably, by the courts, and such divisions are held valid and binding, although not following the rules of law. 13 R. I. 76; 10 Gray 521; 18 N. J. Eq. 391; 10 N. Y. 412; 131 S. W. 463; 130 la. 618. The proof of agreement here is stronger than in 131 S. W. 463. 2. The suit is barred. 1. Accretions are held by the owners of the land upon which they…
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Appeal from Perry Chancery Court; Jeremiah G. Wallace, Chancellor; 1. Agreed boundaries are favored, where accretions are divided amicably, by the courts, and such divisions are held valid and binding, although not following the rules of law. 13 R. I. 76; 10 Gray 521; 18 N. J. Eq. 391; 10 N. Y. 412; 131 S. W. 463; 130 la. 618. The proof of agreement here is stronger than in 131 S. W. 463. 2. The suit is barred. 1. Accretions are held by the owners of the land upon which they formed as a compensation for possible loss from the same source. 1 Am. & E. Enc. Law. (2 ed.) 476; 2 Black. Com. 262; 2…
1Opinion of the CourtHart, J.
Appellants and appellee are the owners of adjoining tracts of land on the Arkansas River in Perry Countv. Arkansas. This suit was instituted by appellee against appellants in the chancery court for the purpose of settling the boundary between them to the accretions formed in front of their lands, and no question has been raised as to the jurisdiction of the .court.
The chancellor seems to have held that the boundary between appellants and appellee as to the accretions was to be determined by extending a line at right angles from the boundary between them on the old .river bank to the present…
2Cases cited1 opinion
- Long v. Charles T. Abeles & Co.Supreme Court of Arkansas · 1905
3Cited by17 opinions
- Garvin v. ThrelkeldCourt of Appeals of Kentucky · 1917
- Robinson v. GaylordSupreme Court of Arkansas · 1930
- Peebles v. McDonaldSupreme Court of Arkansas · 1945
- Maney v. DennisonSupreme Court of Arkansas · 1914
- Knight v. RogersSupreme Court of Arkansas · 1941
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